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High Court of DelhiCRL.M.C./1212/2019

Kamlesh v. State & ANR

2019-07-08Hon'Ble Mr. Justice Chander Shekhar2 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1212/2019 & CRL.M.A. 4746/2019 KAMLESH ..... Petitioner Through:

Ms. Radhika Chander Shekhar, Adv. with the petitioner in person versus STATE & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Birender Singh, PS Dwarka North, Delhi Ms. Vaishnavi Maheshwari, proxy counsel for the respondent No.2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.419/2018, under Section 409 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Dwarka (North), Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement Agreement dated 25.2.2019, in pursuance whereof, the marriage of the petitioner and the respondent No.2 stands dissolved

vide decree of divorce dated 16.5.2019.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the parties have made full and final settlement of their respective claims and they have no claim whatsoever against each other. Respondent No.2 further submitted that, he has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioner submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.419/2018, under Section 409 of the IPC, registered at P.S.: Dwarka (North), Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 08, 2019/rk